Surrogate Bruce Balter
The court granted Edwards’ motion to reopen a Wade/Dunaway hearing on the basis that he established “additional pertinent facts” were discovered. An officer received a radio run of a shooting and met with the alleged complainant, Guzman, as he was in the rear of an ambulance, and obtained a brief description of the person who allegedly shot him. Based on a more detailed description Guzman gave officers later, he was given 200 pictures at the precinct to view, but no identification was made. Guzman was later given a binder labeled “Marcy,” containing photographs, and identified Edwards. Edwards was apprehended and put into a lineup with fillers. Guzman identified Edwards from the lineup. Edwards sought suppression of the photo and lineup identifications. The court found neither the photo nor lineup identifications were unduly suggestive. It stated the photo binder presented to Guzman was a proper extension based on the information the officer was provided. Thus, the court concluded Edwards’ subsequent arrest was proper and lawful. Also as the lineup was sufficiently attenuated from the arrest, it was proper, and the lineup fillers were sufficiently similar to Edwards as to not be deemed suggestive. Hence, suppression was denied.
